Section 88 — Property (Relationships) Act 1976: Who can apply

88 Who can apply (1) The following persons may apply for an order under section 25(1)(a) or (b) or an order or declaration under section 25(3) : (a) the surviving spouse or partner: (b) any person on whom conflicting claims in respect of property are made by the surviving spouse or partner and the personal representative of the deceased spouse or partner. (2) The personal representative of the deceased spouse or partner may, with the leave of the Court, apply for an order under section 25(1)(a) . The Court may grant leave only if it is satisfied that refusing leave would cause serious injustice. (3) The following persons may apply for an order under section 25(1)(b) or an order or declaration under section 25(3) : (a) the personal representative of the deceased spouse or partner: (b) the Official Assignee in Bankruptcy of the property of either spouse or partner: (c) an appointee (within the meaning of section 378(1) of the Insolvency Act 2006) in whom the estate of a deceased spouse or partner vests on an order being made under section 379 of that Act. (4) Subsection (2) is subject to section 12 of the Succession (Homicide) Act 2007. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Section 88 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Section 88(3)(c): substituted, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55). Section 88(4): added, on 17 November 2007, by section 17 of the Succession (Homicide) Act 2007 (2007 No 95).